Lincoln Chafee

Mr. CHAFEE

Mr. CHAFEE. I thank the Senator. Madam President, that is the point. There should be areas of the world for man and drilling, and then there should be areas of the world for the Tobys of the world. And if we are going to proceed with drilling in ANWR, absent any effort at conservation--and many of the Senators who are going to vote in favor of drilling in ANWR did not vote for raising the CAFE standards that would save much more of our resources in natural fuels--that is a bad policy and a wrong direction to go.

Mr. CHAFEE. Yes, I can.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, I am pleased to be joined today by Senators Bob Graham, DeWine, Feinstein, Warner, Cantwell, Smith, Clinton, Bunning, Rockefeller, Murray, Kennedy, Landrieu, Kerry, and Hutchison in introducing the Access to Hospitals Act of 2003. This legislation will freeze Medicaid Disproportionate Share Hospital, DSH, reductions at Fiscal Year 2002 levels, thereby eliminating the scheduled Fiscal Year 2003 drop-off in Federal Medicaid DSH funding. This bill will also provide a growth rate adjustment to help compensate for the increases in the cost of providing care to the most needy and indigent patients. This legislation is necessary because the Medicaid DSH provision included in the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, BIPA, expired on October 1, 2002. This provision provided crucial, but temporary, relief from the deep reductions in State Medicaid allotments that were contained in the Balanced Budget Act of 1997, BBA. With the BIPA provision, Congress recognized that the funding cuts in the BBA could severely undermine health care safety net services throughout our Nation. These payments help reimburse hospitals' costs of treating Medicaid patients, particularly those with complex medical needs, and make it possible for communities to care for those who lack health coverage. At a time when our Nation's uninsured rate continues to climb above 40 million, it makes little sense to be reducing much needed Medicaid DSH payments to safety net hospitals. Hospitals in Rhode Island will absorb approximately $400 million in reductions as a result of changes made to the Medicare and Medicaid programs in the BBA. Nine out of fifteen hospitals in my State had operating loses in Fiscal Year 2002. After the BBA was enacted, it was predicted that cuts in Federal Medicare and Medicaid payments would cost hospitals in Rhode Island $220 million over five years; however, this estimate has proven to be about $180 million off the mark. Every other State is experiencing similar problems. According to the American Hospital Association, hospitals lost almost $10 million on Medicaid and uninsured patients in 2000. This translates into an estimated loss of more than $42 million over five years. Clearly, more needs to be done to keep our vulnerable safety net hospitals from continuing on this downward spiral. This legislation represents a common-sense approach that will help prevent the further weakening of our Nation's safety net hospitals and the long-term viability of our health care system. I urge my colleagues to join me in supporting this important legislation, and ask unanimous consent that the text of legislation be printed in the Record.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, I am pleased to be joined today by Senators Bob Graham, DeWine, Feinstein, Warner, Cantwell, Smith, Clinton, Bunning, Rockefeller, Murray, Kennedy, Landrieu, Kerry, and Hutchison in introducing the Access to Hospitals Act of 2003. This legislation will freeze Medicaid Disproportionate Share Hospital, DSH, reductions at Fiscal Year 2002 levels, thereby eliminating the scheduled Fiscal Year 2003 drop-off in Federal Medicaid DSH funding. This bill will also provide a growth rate adjustment to help compensate for the increases in the cost of providing care to the most needy and indigent patients. This legislation is necessary because the Medicaid DSH provision included in the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, BIPA, expired on October 1, 2002. This provision provided crucial, but temporary, relief from the deep reductions in State Medicaid allotments that were contained in the Balanced Budget Act of 1997, BBA. With the BIPA provision, Congress recognized that the funding cuts in the BBA could severely undermine health care safety net services throughout our Nation. These payments help reimburse hospitals' costs of treating Medicaid patients, particularly those with complex medical needs, and make it possible for communities to care for those who lack health coverage. At a time when our Nation's uninsured rate continues to climb above 40 million, it makes little sense to be reducing much needed Medicaid DSH payments to safety net hospitals. Hospitals in Rhode Island will absorb approximately $400 million in reductions as a result of changes made to the Medicare and Medicaid programs in the BBA. Nine out of fifteen hospitals in my State had operating loses in Fiscal Year 2002. After the BBA was enacted, it was predicted that cuts in Federal Medicare and Medicaid payments would cost hospitals in Rhode Island $220 million over five years; however, this estimate has proven to be about $180 million off the mark. Every other State is experiencing similar problems. According to the American Hospital Association, hospitals lost almost $10 million on Medicaid and uninsured patients in 2000. This translates into an estimated loss of more than $42 million over five years. Clearly, more needs to be done to keep our vulnerable safety net hospitals from continuing on this downward spiral. This legislation represents a common-sense approach that will help prevent the further weakening of our Nation's safety net hospitals and the long-term viability of our health care system. I urge my colleagues to join me in supporting this important legislation, and ask unanimous consent that the text of legislation be printed in the Record.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, 3 weeks ago--on a cold winter evening-- several hundred people gathered at the Station nightclub, a popular venue for live bands in West Warwick, RI. They had come to spend time with friends and to listen to music. Too quickly, this festive occasion turned to horror. A local television cameraman--who ironically was there to shoot footage for a news story on nightclub safety--captured the scene in an extraordinary piece of video that will haunt Rhode Islanders for many years. A pyrotechnic display on stage ignited nearby soundproofing material, and the flames spread through the nightclub with shocking speed. By most estimates, it took only 2 minutes--2 minutes--from the moment that soundproofing caught fire, until the building was engulfed in flames and filled with superheated, toxic, black smoke. As this disaster unfolded, heroic emergency personnel rushed to the rescue, placing their own lives in jeopardy. Eyewitness accounts described amazing acts of bravery at the scene. Firefighters saved dozens of men and women, whom they pulled from the doorways and windows of the burning building. Meanwhile, EMTs did their best to stabilize those who were gravely injured and worked with the police to help bring order to the prevailing chaos. Rhode Island is blessed with a network of fine hospitals, several of which have received national recognition for the quality of their care. On that night, medical teams provided the best treatment for the injured, many of whom have a long recovery ahead. At Rhode Island Hospital--which received 65 fire victims, nearly all at once--an entire floor was converted into a burn unit overnight. Surgeons, nurses, technicians and other support staff must have been overwhelmed by the trauma, but they persevered. Rhode Island's new Governor, Don Carcieri has been brilliant in managing the State's response to this crisis. Less than 2 months after taking office, Governor Carcieri has demonstrated remarkable leadership abilities in the aftermath of the fire. His efforts came at a critical time and helped ensure that every public official delivered a consistent, productive message. Whether speaking to all Rhode Islanders at a televised press conference or visiting quietly with grieving families, Governor Carcieri has emerged as a strong, reassuring presence during a very difficult time for Rhode Island. He has expressed our anger at what when wrong, and our compassion for the victims and their loved ones. Federal agencies also responded immediately to this enormous tragedy. I am grateful for all of the assistance that Rhode Island has received thus far: from the Bureau of Alcohol, Tobacco, and Firearms, the Department of Health and Human Services, and the Small Business Administration. My family and I extend our heartfelt sympathy to the families at this time of great sadness. I hope they will take some comfort in knowing that even with a population of more than 1 million people, Rhode Island is small enough that its citizens consider one another as neighbors. That sense of closeness--developed over decades of shared experiences, both joyful and sorrowful--binds us together and is part of what makes Rhode Island unique among the States. Those connections are especially strongly felt in small towns and villages, such as Potowomut, where my family has made its home for many years. Potowomut is a close-knit community, somewhat isolated from the rest of the city of Warwick and Rhode Island--on a peninsula that juts out into Narragansett Bay. Sadly, a fellow Potowomut resident, Tracy King, was among those who perished in the fire. Tracy was working at the Station nightclub on the night of the fire, and as least initially, managed to escape the blaze. Once outside, however, he rushed back into the building to help others scramble to safety. Tracy was a tall, powerful man--always bursting with energy-- and I am certain that he helped save some lives. I share in the heartbreak that all of Tracy's friends feel, knowing that he did not make it back out in time. In recent years, Tracy had achieved a measure of fame in Rhode Island, as he had an unusual talent for balancing large, heavy objects on his chin--Christmas trees, ladders, desks--even a refrigerator--all balanced perfectly on his chin. In 1993, he appeared on ``The Late Show with David Letterman,'' and balanced a 17-foot canoe. Imagine that--a 17-foot canoe, straight up in the air! Tracy was a wonderful entertainer, and he especially enjoyed performing for groups of children. He generously shared his talent at local festivals, schools, and hospitals--everyone delighted in seeing him in action. Tracy King leaves behind his wife, Evelyn, and three sons--Joshua, Jacob, and Jordan. I ask my colleagues to remember the King family in their prayers. We also remember that there are many other families in Rhode Island, and across the State line in Massachusetts, that are still coping with this sudden, traumatic loss. In the days following the fire, survivors and family members of those who had died or been injured gathered together to mourn, to ask questions, and to share their stories. May they continue to draw strength from one another, and be sustained by the enduring support of their community. The Senate is considering this concurrent resolution recently approved in the House, cosponsored by my colleagues in the Rhode Island delegation, expressing the importance of improved fire safety in nonresidential buildings in the aftermath of this tragic fire. I urge adoption of the resolution.

Mr. CHAFEE

Mr. CHAFEE. I have been working for the last several months with a bipartisan group of Members from both the House and Senate to protect funding for the S-CHIP program, which provides critical health care to millions of our children. In my State, over 12,000 children participate in this program. There is strong, bipartisan support for a 2-year S- CHIP proposal developed last fall that would preserve $2.7 billion in Federal S-CHIP funds that either expired at the end of fiscal year 2002 or will expire at the end of the current fiscal year. Our proposal also establishes a redistribution formula for the Centers for Medicare and Medicaid Services to use to quickly redistribute unspent fiscal year 2000 funds to those States that have exhausted their allotments and need additional funds. Under Federal law, CMS is required to redistribute all unspent 2000 funds this year, but there is no Federal requirement on what formula it is to use. CMS is currently holding off redistributing unspent 2000 funds because it is awaiting congressional action. However, a few States, including my own State of Rhode Island, need the redistribution of 2000 funds as soon as possible so they have sufficient funds for the rest of the year to maintain services to the children currently on S- CHIP. This S-CHIP issue is very time sensitive. State are beginning to plan their upcoming budgets for fiscal year 2004, which starts July 1 in most States. We do not want to distort State S-CHIP spending decisions by making it impossible for States to plan, in determining how much in Federal S-CHIP funds they will have and for how long those funds will be available. Some States may unnecessarily scale back S-CHIP eligibility as a result because they will assume they will have far less in Federal funds available than previously expected. It now appears that we cannot address this issue in the omnibus appropriations bill. I appreciate the willingness of the chairman of the Finance and Budget Committees, Senators Grassley and Nickles, to work with me and the other Senators involved to address this issue in both the fiscal year 2004 budget resolution and then to move this legislation quickly in the Finance Committee. Having said this, I think it is imperative for us to work with CMS so that they can move forward to begin to distribute some of the unspent 2000 funds to States like mine that are facing a serious S-CHIP funding problem. There is a way to move forward to address the immediate redistribution issue of the unexpended fiscal year 2000 funds. CMS can redistribute some of the unexpended fiscal year 2000 funds immediately to those States that face shortfalls in the coming months. This can be done administratively. We certainly want CMS to begin to redistribute at least some part of these funds to those States that are relying on this redistribution to maintain their child caseloads. For example, CMS could redistribute 100 percent of half of the unexpended funds now leaving the rest to be redistributed once Congress has acted on this legislation. As we in Congress move ahead to complete action on this full proposal, CMS should move forward on the immediate redistribution issue.

Mr. CHAFEE

Mr. CHAFEE. I believe it would be about 10 minutes.

Mr. CHAFEE. Mr. President, I have been working for the last several months with a bipartisan group of Members from the House and Senate to protect funding for the State Children's Health Insurance Program, also known as S-CHIP, which provides critical health care to millions of children. In Rhode Island, over 12,000 children participate in this program. There is strong, bipartisan support for a 2-year S-CHIP proposal developed last fall that would preserve $2.7 billion in Federal S-CHIP funds that either expired at the end of fiscal year 2002 or will expire at the end of the current fiscal year. Our proposal also establishes a redistribution formula for the Centers for Medicare and Medicaid Services to use to quickly redistribute unspent fiscal year 2000 funds to those states that have exhausted their allotments and need additional funds. Under Federal law, CMS is required to redistribute all unspent 2000 funds this year, but there is no Federal requirement on what formula it should use. CMS is currently holding off redistributing unspent 2000 funds because it is awaiting Congressional action. However, a few States, including Rhode Island, need the redistribution of 2000 funds as soon as possible so they have sufficient funds for the rest of the year to maintain services to the children currently enrolled in S-CHIP. This S-CHIP issue is very time-sensitive. If we do not remedy this situation soon, some States may scale back S-CHIP eligibility because they will assume they will have far less in Federal funds available than previously expected. Unfortunately, it appears that we cannot address this issue in the omnibus appropriations bill. I appreciate the willingness of the chairman of the Finance and budget Committees, Senators Grassley and Nickles, to work with us to address this issue in both the fiscal year 2004 budget resolution and then to move this legislation quickly in the Finance Committee. I also think it is imperative for us to work with CMS so that they can move forward to begin to redistribute some of the unspent 2000 funds to States like mine that are facing a serious S-CHIP funding problem. As Congress moves ahead to complete action on this proposal, CMS should move forward on the immediate redistribution of these funds.

Mr. CHAFEE

Mr. CHAFEE. Included within Senate Report 107-219, and repeated in Chairman Stevens' Overview and Summary of his amendment to H.J. Res. 2, the Omnibus Appropriations Bill, is report language stating the Appropriations Committee's strong support for the Clean Water for the Americas Partnership. Does the Chairman of the Foreign Operations Subcommittee share my expectation that the United States Agency for International Development (USAID) will fund the Clean Water for the Americas Partnership at $10 million for fiscal year 2003?

Mr. CHAFEE

Mr. CHAFEE. Mr. President, as we move forward on this measure, I noted in the Senate Report accompanying the FY 2003 Commerce, Justice, State, and the Judiciary Appropriations bill that the Appropriations Committee urged the Economic Development Administration (EDA) to evaluate several worthwhile proposals for projects which may be eligible for funding under the various EDA programs.

Mr. CHAFEE. I would like to make the Senator from New Hampshire, the Chairman of the Commerce Appropriations Subcommittee, aware of a strong economic development proposal from my home state of Rhode Island. The proposal focuses on the renovation of the restored historic theater at the Providence Performing Arts Center, PPAC, in our capital city of Providence. Listed on the National Register of Historic Places, the facility was recently named an Official Project of the Save America's Treasures program directed by the National Trust for Historic Preservation and the White House Millennium Council. The full renovation of the theater, both structural and mechanical, is the ultimate goal of the non-profit entity that operates the center. A renovated PPAC has the potential to be one of the major economic development stimulants in the old downtown. I know from my membership on the Environment and Public Works Committee, which has authorizing jurisdiction over the EDA, that this project is very similar to others funded by the agency. I ask the chairman if the Providence initiative is in keeping with the projects recommended by the committee and listed in the report?

Mr. CHAFEE. That being so, I ask the chairman if he would deem the Providence project part of the committee's recommendation to the EDA.

Mr. CHAFEE. I thank the Senator and look forward to working with the committee and EDA to generate positive economic development in downtown Providence.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, today I am introducing the Underground Storage Tank Compliance Act of 2003. While this bill is being introduced today, it already has a long history. The Superfund Subcommittee conducted two hearings on the bill last year. We have received solid testimony and input from interested parties throughout this process, and I believe that this measure goes a long way toward solving the problems we face with leaking underground storage tanks. In addition, the language in this bill was approved unanimously by the Environment and Public Works Committee in the 107th Congress. The chief reason for pursuing this legislation today is to improve compliance with the December 22, 1998 deadline for tank owners and operators to upgrade, replace, or close tanks that didn't meet minimum Federal requirements. To assess the situation, I asked the U.S. General Accounting Office in April, 2000 to examine compliance of tanks with Federal requirements. GAO concluded in May, 2001 that approximately 76,000 tanks have never been upgraded to meet minimum Federal standards. In addition, GAO found that more than 200,000 tanks are not being operated and maintained properly due, in part, to infrequent tank inspections and limited funding. Leaking tanks can have severe impacts on local communities. For example, the village of Pascoag, Rhode Island learned the hard way that the problems GAO outlined are real and have serious consequences. Twelve hundred households were without water with which to drink, bathe, or cook for over four months because MTBE contaminated fuel from a local gasoline station was leaking into the town's drinking water supply. I believe the Underground Storage Tank Compliance Act of 2003 will assist communities that are grappling with these problems and will prevent such problems from recurring. The high cost of clean-up once a tank has leaked, demands the emphasis on prevention included in this legislation. The bill requires the inspection of all underground storage tanks every two years and for the first time focuses on the training of tank operators. It simply does not make sense to install modern, protective equipment if the people who operate them do not have the proper training. The bill also provides the Federal Government and States with the tools necessary to ensure that all parties are meeting Federal standards. In addition, the legislation emphasizes compliance of tanks owned by Federal, State, and local governments, and provides $125 million per year for cleanup of sites contaminated by MTBE. This bill enjoys broad support, including the support of the regulated community and the environmental community. We have worked extensively with the Administration to address issues raised by the Environmental Protection Agency. I believe that this legislation goes a long way toward solving many of the problems relating to leaking tanks, and I thank all of my colleagues for working with me on this. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. CHAFEE

Mr. CHAFEE. Madam President, I would like to thank the Republican Leader for his willingness to address concerns raised by me and our colleagues from Maine regarding certain provisions in H.R. 5005, the Homeland Security Act of 2002. In the interests of clarity, I wanted to discuss one aspect of the Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act of 2002, which is included in H.R. 5005. The SAFETY Act provides that the ``government contractor defense'' will be available to certain sellers of anti-terrorism technology. In Boyle v. United Technologies Corp., 487 U.S. 500, 108 S. Ct. 2510 (1988), the U.S. Supreme Court recognized that the government contractor defense offers relief to certain defendants from liability for design defects. It is my understanding that the drafters of the SAFETY Act were aware of the Boyle decision and intended for the government contractor defense to apply solely to design defect claims, rather than offering blanket relief to any and all causes of action.

Mr. CHAFEE. I thank the Republican Leader, and look forward to the opportunity to correct three other provisions of the Homeland Security Act when the 108th Congress convenes in January. First Responders

Mr. CHAFEE

Mr. CHAFEE. Madam President, I would like to thank the Republican Leader for his willingness to address concerns raised by me and our colleagues from Maine regarding certain provisions in H.R. 5005, the Homeland Security Act of 2002. In the interests of clarity, I wanted to discuss one aspect of the Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act of 2002, which is included in H.R. 5005. The SAFETY Act provides that the ``government contractor defense'' will be available to certain sellers of anti-terrorism technology. In Boyle v. United Technologies Corp., 487 U.S. 500, 108 S. Ct. 2510 (1988), the U.S. Supreme Court recognized that the government contractor defense offers relief to certain defendants from liability for design defects. It is my understanding that the drafters of the SAFETY Act were aware of the Boyle decision and intended for the government contractor defense to apply solely to design defect claims, rather than offering blanket relief to any and all causes of action.

Mr. CHAFEE. I thank the Republican Leader, and look forward to the opportunity to correct three other provisions of the Homeland Security Act when the 108th Congress convenes in January. First Responders

Mr. CHAFEE

Mr. CHAFEE. Mr. President, it is with great honor that I recognize Dr. Vincent Zecchino and his wife, Julia, for the numerous contributions they have made to the field of medicine in Rhode Island and throughout the world. I am pleased to say that after a lifetime of achievement, Rhode Island Hospital dedicated their newest facility as the Julia and Vincent Zecchino Pavilion on October 18, 2002. After graduating from the University of Bologna Medical School in 1936 and completing his internship at the Long Island College Hospital in 1938, Dr. Zecchino served his orthopedic and fracture residency at Rhode Island Hospital, which he completed in 1940. Subsequently, Dr. Zecchino continued his medical training as a fellow at Harvard Medical School and as a resident at Boston's Children Hospital and Mass General until entering the United States Army in 1942, Dr. Zecchino served the United States in the China Burma-India Theatre as Chief of Orthopedic Surgery until his discharge as Lieutenant Colonel in 1946. Upon completion of his military service, Dr. Zecchino returned to Rhode Island where he joined the orthopedic staff at Rhode Island Hospital and Miriam Hospital and the faculty of Brown Medical School. During his illustrious career, Dr. Zecchino also served as Chief of Orthopedics at the Veterans Hospital, worked and taught at Project Hope medical schools in Columbia, Tunisia and Sri Lanka, and was a member of the Tufts Medical School faculty. Dr. Zecchino has authored and co-authored numerous articles in medical journals and textbooks. He was critically important in the development of knee prosthesis and its instrumentation, and invented the double-edged bone cutting ``Z'' blade bone say. After such a long and distinguished career, it is especially noteworthy that Dr. Zecchino founded an orthopedic clinic for people in need after his retirement in 1982. Throughout his medical career, Dr. Zecchino has benefited from the love, compassion and commitment of his wife, Julia, who was in a nurse- training program when they met. Together, Dr. and Mrs. Zecchino have improved the lives of thousands of people and with the dedication of the Julia and Vincent Zecchino Pavilion; future generations will continue to benefit from the Zecchino's goodwill, dedication and tireless effort to improve the world around them.

Mr. CHAFEE

Mr. CHAFEE. Madam President, today I offer my condolences to all the friends, family members and admirers of Paul Wellstone. As has been said many times, Paul Wellstone was fiercely proud of the causes with which he associated himself. Certainly, to have Paul Wellstone articulately and strongly arguing on one's behalf was a great asset. His many friends are forever grateful for his wrestler's tenacity as he advocated for those issues in which he so emotionally believed. Several years ago a candidate for Congress in Rhode Island retired from the campaign because of a shortage of funds, declaring that no longer could ``Mr. Smith go to Washington.'' Paul Wellstone proved that yes, indeed, Mr. Smith could go to Washington. In 1990 he challenged an incumbent who possessed a huge financial advantage in what many assumed to be a quixotic and hopeless campaign. In November of that year Paul Wellstone was the only challenger to beat an incumbent, providing inspiration forever to long shots. Three cheers for the people of Minnesota who have shown a propensity for embracing people of divergent philosophies. In the last few years Minnesota has elected Rod Grams, Jesse Ventura and Paul Wellstone; public servants with very different approaches to the issues of the day. I join Minnesotans and Americans in mourning the death of the passionate and good-natured Paul Wellstone.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, I am pleased to join with Senator Carper today to introduce the Clean Air Planning Act of 2002. Congress needs to advance four pollutant legislation that offers the best chance for broad bipartisan support, and I believe this bill meets that test. The testimony received through hearings in the Environment and Public Works Committee over the past several years has clearly outlined the need for controlling the major emissions from power plants, sulfur dioxide, nitrogen oxide, mercury and carbon dioxide, while at the same time recognizing the added costs of these new controls. We know through experience that we will only be successful at passing legislation if we find middle ground. The relationship of fossil fuels to global warming is clear and scientifically validated. The release of the ``U.S. Climate Action Report 2002'' by the Administration in May tells us we need to take real actions toward solving the problem. The longer we wait, the harder this problem will be to solve. The Rio Convention is a perfect example of why waiting is not reasonable. In 1992, we agreed to voluntarily reduce harmful emissions to 1990 levels. It didn't happen. Now, in 2002 we are told that reductions to 1990 levels will stall the economy. If we wait much longer before taking any action, imagine how much harder it will be to achieve real reductions without harming the economy. I am a co-sponsor of Senator Jeffords' bill, S. 556, and I voted for it in the Environment and Public Works Committee. However, I believe that Carper-Chafee will ultimately enjoy broader support. Our bill would achieve significant reductions in a more cost effective way than other proposals. For sulfur dioxide, nitrogen oxide, and mercury, we will establish emission caps that are superior to reductions that can be achieved under the existing Clean Air Act. In addition, for the first time, we will ensure that we achieve real reductions of carbon dioxide emissions. Many predicted that the passage of S. 556 from the Committee would create a stalemate on this important issue. I believe that the Carper- Chafee bill offers a real opportunity to break the stalemate and begin an honest debate that will eventually lead to enactment of strong legislation. I look forward to working with all of my colleagues as we move forward to pass a bill that enjoys the broadest support and adequately addresses the serious health, environmental, and economic issues facing the nation.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, I am pleased to join with Senator Carper today to introduce the Clean Air Planning Act of 2002. Congress needs to advance four pollutant legislation that offers the best chance for broad bipartisan support, and I believe this bill meets that test. The testimony received through hearings in the Environment and Public Works Committee over the past several years has clearly outlined the need for controlling the major emissions from power plants, sulfur dioxide, nitrogen oxide, mercury and carbon dioxide, while at the same time recognizing the added costs of these new controls. We know through experience that we will only be successful at passing legislation if we find middle ground. The relationship of fossil fuels to global warming is clear and scientifically validated. The release of the ``U.S. Climate Action Report 2002'' by the Administration in May tells us we need to take real actions toward solving the problem. The longer we wait, the harder this problem will be to solve. The Rio Convention is a perfect example of why waiting is not reasonable. In 1992, we agreed to voluntarily reduce harmful emissions to 1990 levels. It didn't happen. Now, in 2002 we are told that reductions to 1990 levels will stall the economy. If we wait much longer before taking any action, imagine how much harder it will be to achieve real reductions without harming the economy. I am a co-sponsor of Senator Jeffords' bill, S. 556, and I voted for it in the Environment and Public Works Committee. However, I believe that Carper-Chafee will ultimately enjoy broader support. Our bill would achieve significant reductions in a more cost effective way than other proposals. For sulfur dioxide, nitrogen oxide, and mercury, we will establish emission caps that are superior to reductions that can be achieved under the existing Clean Air Act. In addition, for the first time, we will ensure that we achieve real reductions of carbon dioxide emissions. Many predicted that the passage of S. 556 from the Committee would create a stalemate on this important issue. I believe that the Carper- Chafee bill offers a real opportunity to break the stalemate and begin an honest debate that will eventually lead to enactment of strong legislation. I look forward to working with all of my colleagues as we move forward to pass a bill that enjoys the broadest support and adequately addresses the serious health, environmental, and economic issues facing the nation.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, the American people need and deserve a thorough, reasoned discussion on the question of going to war against Iraq. I appreciate the opportunity to share with my colleagues my thoughts during this momentous debate. A great deal of the justification for a United States military intervention in Iraq centers on the threat posed by Saddam Hussein. I recognize that there are international criminals capable of unspeakable horrors and Saddam Hussein is one of those. President Bush has urged us to believe the threat from Saddam Hussein is urgent and immediate, and thus this impending vote. I have listened carefully to every shred of evidence presented by the administration. And I have also listened carefully to other world leaders. Of particular concern to me is the position of those nations that share a border with Iraq--Turkey, Syria, Jordan, Saudi Arabia, Kuwait, and Iran. The Turkish Prime Minister said, ``We're trying to dissuade the American Administration from a military operation.'' King Abdullah of Jordan said, ``In all the years I have been in the international community, everybody is saying this is a bad idea. Our concern is . . . that a miscalculation in Iraq would throw the whole area into turmoil.'' The Kuwaiti Defense Minister said, ``Kuwait will participate in the military campaign to remove the Iraqi regime only if the military action came in compliance with a United Nations' resolution.'' This in Kuwait, a country that suffered greatly under the hands of the Iraqi dictator. These nations share a border with Iraq. Their leaders know their neighborhood and they have expressed their opposition to our intervention at this time. I would also like to quote President Mubarak of Egypt who said, ``If you strike Iraq . . . not one Arab leader will be able to control the angry outburst of the masses.'' And President Mussharaf of Pakistan said, ``this will have very negative repercussions around the Islamic world.'' I believe it is wise to heed the concerns of our friends. And our friends are telling us that we are ratcheting up the hatred. In two nations' recent elections the defining issues seemingly revolved around American arrogance. The fact that the two countries are our friends, Germany and Brazil, is alarming. What Congress does this week and next will have very serious implications throughout the world. Demagogues in the Middle East and elsewhere are surely ready and willing to exploit a U.S. invasion of Iraq. And today the CIA is warning Americans of the connection between a rise in terrorism and military activity in Iraq. Certainly it is preferable to address the threat posed by any international criminal in concert with our allies and within the confines of the United Nations. This is the preference outlined in the amendment offered by Senator Levin--an amendment I support. We need to provide people susceptible to anti-Americanism with a positive message that respects international cooperation and friendship. The Levin substitute upholds the values I have heard in discussions with the people of Rhode Island; it recognizes the benefit of an international coalition in taking on the tremendous challenge of disarming the Iraqi regime. It authorizes military force against Iraq only as part of a new UN-approved resolution, and failing that, allows Congress to return to session to consider an alternative approach. As a nation, we are united in opposing the tyranny and repression of Saddam Hussein. But there are real disagreements both here at home and abroad as to how best to ensure that this man cannot threaten world peace. Adoption of the Levin amendment would not give Saddam Hussein a chance to further obstruct and delay--it is the prudent idea most consistent with the values that have made the United States a great nation. I urge all of my colleagues to support the Levin amendment.

Mr. CHAFEE

Mr. CHAFEE. Madam President, creating the Department of Homeland Security is an enormous undertaking. In fact, it is the largest Federal undertaking since the creation of the Department of Defense. Senator Breaux, Senator Nelson, and I offer this amendment to address the concerns, not only of the President, of course, but also concerns of the many thousands of Federal employees to whom we are entrusting our national security. As Senator Breaux and Senator Nelson have pointed out aspects of this amendment, I think it is important to note that what we have done is taken Republican amendments, I say to my colleagues on this side of the aisle, we have taken Republican amendments from the House, the Republican amendment offered by Representative Morella from Maryland, Republican amendments offered by Representative Portman and Representative Quinn, from Ohio and New York, and offered them into this amendment. This is an honest attempt at bipartisanship. Most important, as Senator Nelson has said, this amendment will finally enable the Senate to move the process forward by getting this bill to conference with the House. Without this compromise, there will be no Senate bill. There will be no Department of Homeland Security. But with this compromise we can empower the conference committee to work with the administration to finalize a bill that will meet the President's legitimate concerns and protect employees' legitimate rights. I do urge passage of this amendment.

Mr. CHAFEE

Mr. CHAFEE. Mr. President, I am pleased to join Senator Rockefeller in introducing the Children's Health Improvement and Protection Act of 2002. The Children's Health Improvement and Protection Act of 2002 will finally provide long-term stability to the State Children's Health Insurance Program. While SCHIP has been extremely successful at enrolling and insuring low-income and uninsured children since its inception in 1997, the continued success of this program is in question. In fact, it is estimated that almost a million children will lose their SCHIP coverage over the next three years if a legislative remedy is not signed into law to prevent this from happening. When SCHIP was created by the Balanced Budget Act of 1997, states were given their annual SCHIP allotment based on the number of uninsured and low-income children in each state. According to the Centers for Medicare and Medicaid Services, these state allotments range from $3.5 million for Vermont to $855 million for California. While the percentage of children without health insurance has declined over the past couple of years due to these allotments, the SCHIP allotments for all states are 26 percent lower for Fiscal Years 2002, 2003, and 2004. Each of these years results in a decline of $1 billion for state SCHIP allotments. This phenomenon is known as the ``CHIP- Dip.'' There was no hidden policy agenda behind this steady decline in funding; it was based on a lack of federal funding for SCHIP at the time this program was enacted. In addition, BBA gave states only three years to roll-over unexpended funds before these funds are given back to the federal treasury for redistribution to other states that have used up their entire allotments. According to the Department of Health and Human Services, a total of $3.2 billion in federal SCHIP funds is scheduled to expire and revert to Treasury over the next two years. These funding inadequacies not only create instability in the program, but they pose negative consequences for each state over the long-haul due to the uncertainty of federal commitment to SCHIP. The likely result will be that states will either have to cap enrollment in their SCHIP programs, push children out of their programs, or scale back benefits to make up for these budget shortfalls. The end result will be that children who once had access to health insurance will no longer get the care they need. Our bill will remedy these funding problems. It will do so by fixing the ``CHIP-Dip'' and by extending the life of expiring funds to states that need the assistance to take care of funding shortfalls. This legislation is crucial to my state of Rhode Island. Without this legislative remedy, Rhode Island is set to run out of SCHIP funds by FY 2004. At 4.5 percent, Rhode Island currently has the lowest uninsured rate of any state in the nation for children. This bill will enable Rhode Island to continue offering health coverage to this vulnerable population. I urge my colleagues to join Senator Rockefeller and me in supporting this important legislation. It is a crucial step in ensuring that our nation's children will have long-term access to quality health insurance.